which provides funds to the military families dealing with severely wounded loved ones and built a fisher house so people can stay there. a tremendous charity. this coming sunday in scottsdale, arizona at barrett jackson car auction, president bush the younger's truck, a ford f-150 will be auctioned off to benefit the fisher house, we hope you attend the program and if you can avoid it, buy the truck, bid from home on the speed channel or on the net. and president bush's little hat. you don't get the hat, you don't get him. you get the truck. back to tip of the day. that's it for us tonight. please cox news factor website completely different from billoreilly.com and talking points memo he this evening. also we would like you to spout out about the factor, o'reilly@foxnews.com. owe pin and use the word do not be laconic when writing to the factor.

laconic is not good and don't be that. thank you for watching us tonight. i'm bill o'reilly. please remember that the spin stops right here because are definitely looking out for you. ♪ >> and tonight on this jam-packed edition of "hannity," we have what took place apartment the white house, charles krauthammer, michelle malkin and others and we'll have the angles covered tonight. sadly today marked one of the most brazen attempts ever by a u.s. president to unilaterally introduce new laws without the legislative branch. a total of 23 executive actions were signed and immediately set into motion that could directly impact your right to keep and bear arms, and included on the list so-called clarification urging

doctors and other health care providers to contact authorities if they arbitrarily deem a patient is a threat to themselves or others. so much for medical privacy in america. beyond that, and even more concerning, were the legislative proposals outlined by the president, calling for a universal background check, something that critics say could lead to a national gun owners data base and he wants the assault weapon ban reinstated and ten limit magazine, and a new gun trafficking law penalizing those who help criminals obtain firearms. what made it more shameful, it happened with children looking on as the president exploited their presence for for his own political purposes. >> and ask your member of congress if they support universal background checks to keep the guns out of their wrong.

ask them if they support an assault on ban weapons and high capacity magazines, if they say no, ask them why not. ask them what's more important, doing whatever it takes to get an a-grade from the gun lobby that funds their campaigns or giving parents some peace of mind when they drop their child off for first gra grade. [applause] >> and taking away from that dog and pony show. presidents throughout history have used props to advance their causes, but i for one, i found the use of children in this instance to be, well, borderline creepy, manipulative, exploitive and let's be candid obama's moral outrage is highly selective. he feels the grief of people who can advance his cause more than those who don't. for example, remember obama downplayed the fort hood

massacre, a muslim extremist shot on the military base. that was so-called workplace violence, that wasn't terrorism and obama's message is that even if there's one thing we can do to reduce this violence, even if there's one life that can be saved then we've got an obligation to try. is that really the standard, mr. president? because if it is, well, you need to apply that across the board, meaning is it now an obligation to ban motorcycles, bicycles, knives, et cetera? see how ridiculous it is to set up that standard that the government should take any action necessary as quote, as long as it saves even one life. now, the third, when barack obama read from the letters of children, it reminded me of the 1980's, remember the presidential debate, jimmy carter revealed to us, he had talked to his 12-year-old daughter, amy, about nuclear proliferation. now, children, they do have wonderful virtues, but children's ability to understand the intricacies of things like nuclear proliferation, and in this

case, the link between guns and violent crime, it's not high among them. this is a play for our emotions and we need to see that as such and lastly during his speech today the issue of gun control shouldn't be a divisive one. wait a minute, for obama to sermonize about the problems of divisiveness, like john edwards sermonizing to us about the problems of, well, infidelity. plain hypocritical. and former fox advisor contributor, karl rove. >> good to be back. >> sean: first of all, i'm watching obama, you're watching obama. different guy in the second term? >> more confrontational, more aggressive, more focused on the politics of it and less focused on the purpose of it. we saw that today with his announcement. i mean, you know, this is supposed to be done to prevent another newtown, but take a look at the three big legislative things he's suggesting, universal

background check, wait a minute, the weapons used in newtown were bought with a background check by the killer's mother. not going to stop newtown. unworkable, even he admits you look in the fine language, well, we're not going to require background check for the sale of weapons between individuals if they're family members. there might be some things that might be able to be done to close some of these gaps in it, but the fact of the matter is a large of number of guns are sold or traded between people who are friendly with each other, who know each other, friends, neighbors, colleagues, whatever. military style, you know, assault weapons ban. you know, it didn't work before and again, i thought it was really weasely in the president he's statement today from the white house they said, they referred to the weapons used in aurora, colorado and newtown and said, quote, the shooters used the type of semi automatic rifles the target of the assault weapons bans, no they weren't.

weapons used in aurora and newtown were not on the band weapons list. a smith & wesson and bush master, what are we doing here? if we're trying to stop newtown, putting in an assault weapons ban, that wouldn't have stopped the person the sale of this to begin with. >> sean: i think we have it on the screen here. we have the two weapons in new york and now have the toughest gun laws in new york and the they put it in the paper today and they are the exact same weapon with one difference, one has a grip. the other one doesn't have a grip. >> right. >> sean: most shooters i know don't use a grip and it's there for cosmetic reason. one is banned and one is not. to show how stupid the law is-- >> look if, the definition we're not going to have weapons that look scary, there's always going to be somebody who find any weapon scary. and look, the one that there's going to be some conversation about is high capacity magazines, we had it in place

during the assault weapons ban from 1994 to 2004. the problem is there are literally millions of magazines out there that have got more than you know, can carry more than ten rounds and the question, how do you resolve that. do you confiscate those, require everybody within six months to cough up any and then they go to jail? again, this would not have stopped newtown, it would not have. >> sean: it's all feel-good making aappearance. the answer is i would have retired police officers, retired military in our schools. and there is a cost factor in this as well. now, if i'm right about security officers, retired policemen, 4.5 billion dollars, that's the initial cost of this, and-- >> look, i've looked at the numbers, you're right. >> sean: eric bolling has a bigger board than you. >> he needs a bigger board to make his point. a quality board here, you don't need a big huge thing to hide yourself and hide behind. bolling stole my schtick and i stole it from tim russert and

bolling is corrupted, got a big board. >> sean: ouch. >> look, you're right. 4 billion dollars out of that 4 1/2 billion dollars is to hire 15,000 more police. is that going to stop us at newtown? a cost of 266,000, we're going to hire 15,000 new police. >> sean: per? >> $266,000 per, looks like for two years. >> sean: and the states have to pick it up from there. >> look, we have nearly 800,000 uniformed police officers today in the united states. do we really think that having 1.9% less and 1.9% more police officers is going to stop newtown. >> sean: unless you put them in the schools? >> speaking of that, we have 150 million dollars to get 1,000 new resource people for schools, at $132,000 a person. there are 98,000 public schools and 33,000 private elementary and secondary schools in america so we're going to provide one certain for over 0.75% of those schools, it looks like a

patronage program, who are going to get those out of 130,000 plus schools, who is going to get the 1,000 people. we've got 70 million dollars in there to get states to incentivize states to give the federal government data for their background check data base. why are we doing that? they're already obligated to give every piece of legal information. what does the 70 million do, is this a hand me out by the president to favorite governors? and then 14 million dollars in there to train 14,000 people, police officers, school administrators, school personnel, first responders, how to respond to mass gun shootings. now, let's assume just for the shake of argument that if each train episode you have about 14 people connected with any one school. that means we're going to have less than 1% of the schools in america participate in this training program, again, are these real or is this an attempt to look like they're doing something? or is this the opening step to spending a lot more money. >> sean: god forbid you put

logic, common reason analysis behind it. and here is one thing, i'll go through it later. and i put up on the screen last night on this program, seven examples of barack obama, and put it up and i'll talk about later in the program. seven examples of barack obama using executive powers, obamacare, he used it on executive appointments, recess appointments, et cetera, and no congressional approval on certain things and now this, now he's bypassing congress. what do you make of that power grab by the president? >> well, first of all, there are 23 of these. some of them the question is why are we doing that. for example, he's got an order to finally nominate and alcohol tobacco and firearms director? really? and mr. president, you shall finally meet your statutory responsibilities of nominating a director. we're going to provide the relevant data for the background check. we need an eo to tell them to

meet the current obligations and require federal law enforcement officers to trace guns recovered in criminal investigations. why aren't we doing this already? part of it is why are we doing it and why do we have to do it? we're going to tell the centers for disease control to research the causes and preventions of gun violence. is gun violence a disease? what about knife violence? now have the c.d.c.-- >> al sharpton if if there's a knife incident we're going to have knife control. good to see you, happy new year. >> same to you. >> sean: a lot more to come. we'll give you the information you will not get in the mainstream media. coming up next, the n.r.a. calls out president obama for his hypocrisy. >> mr. obama demand the wealthy pay their fair share of taxes and just another elitist hypocrite for their fair share of security. a and-- >> you can go to the hannity control room right there and

see our producer working hard kind the scenes to bring you the hannity live experience where you get the background information on the stories covered right here on the show. and in the break, you can go to hannity llive.foxnews.com and share your opinions on president obama's gun proposals, i'll see you there and coming up michelle malkin, senator rand paul and much senator rand paul and much momomomomomomo officemax has exactly the ink... your business needs... at prices that keep you...out of the red. this week get a bonus $15 itunes gift card with any qualifying $75 ink purchase. find thousands of big deals now... at officemax.

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wow, that's a lot of shrimp. i'm ryon stewart, i'm the ultimate shrimp lover, and i sea food differely. >> welcome back to "hannity." earlier today president obama is your rounded himself with children when he unveiled the plan. and claims they write letters with concerns about the sandy hook tragedy. >> i started getting a lot of letters from kids. four of here today. brandt fritz, julia strokes, and taga good, and they're pretty representative of some of the messages that i got and

these are some pretty smart letters from pretty smart young people. these are our kids. this is what they're thinking about. and so what we should be thinking about is our responsibility to care for them. and shield them from harm. >> i wonder if any of the kids wrote to the president and said don't take my daddy's gun. some say he exploited the children for political gain and why he was busy passing on gun control, the national rifle association made it clear they're not backing down in this political fight and released a scathing new ad. >> are the president's kids more important than yours? why is he skeptical about putting armed security in our schools when his kids are protected by armed guards in their schools? mr. obama demands the wealthy pay their fair share of taxes, but it's just another elitist hypocrite when it comes to a fair share of security. protection for their kids, and

gun-free zones for ours. >> sean: and as you can imagine, the white house was up in arms that the n.r.a. mentioned the president's children in the ad, but ironically, obama didn't mind exploiting other people's kids during today's press conference. join me now with reaction, fox news contributors monica crowley and lessy marshal. wait a minute, so you didn't mention his kids, but we'll use these other kids as props and exploit them in the background here, a little hypocritical? >> not at all. >> no? >> you know i'm the mom of two kids, four and five. nobody can exploit my children except me, so, if you think anybody exploited them, and i don't think they he were exploited, it's the parents. the parents agreed, the kids sent the president a letter and sean, this is about the kids, i'm not going to start singing whitney houston "the children of our i promise. >> sean: and i take your point and i think generally speaking i think keep kids of ehe lektlek

elected officials out of politics, do you agree. >> i agree. >> sean: but i mentioned major hasan and it didn't fit in the narrative. >> anytime you use children in any context, it's a dicey proposition and you have to be careful and the president and his children are in a different category. >> sean: i thought it was creepy and exploited. >> and you use the children in campaign ads and certainly in 2008 with joint interviews with michelle and so on. he also used at least one child when he signed obamacare, the health care bill into law so he has been known to use children as props. the reason today was different in this particular case, sean, because you're dealing with an issue that involves violence and especially violence against children, so to have those children there and to sort of drape himself in it, is sort of cynical. how can you argue against children? you can't. >> sean: one of the things

that bothers me the most in this leslie, we rightly protect our presidents, our mayors, our cabinet officials, hollywood stars, they have the money to hire armed guards. we protect our money with armed guards, but we can't put armed guards in schools, can't put retired policemen in schools. another example of hypocrisy, let's watch dianne feinstein. >> i know the sense of helplessness that people feel. i know the urge to arm yourself because that's what i did. i was trained in firearms. i'd walk to the hospital when my husband was sick. i carried a concealed weapon. i made the determination that if somebody was going to try to take me out, i was going to take them with me. >> sean: take them out. oh, i wonder how hard it is to get a carry permit in san francisco? ouch. ouch: want to defend that. >> i live in california in a

neighborhood where everybody is a republican. i don't know where you think everything is blue in california. we as liberals are not saying we want to take your guns. what we're saying, and many democrats, gun owners in the wild west in california. gun owners who hunt say we don't need ak-7's to blow away bambi. >> sean: stop, that's not true. >> and gun-- >> gun owners are not supporting this and by the way, assault weapons are used in hunting, in spite of what people say. in new york only seven bullets. what if you have two intruders and miss the first two times, oh, oh, i'm out of bullets? thank you, governor cuomo and president obama. >> and look, the bigger usual here is freedom. this is a freedom issue. it's obviously, you know, a second amendment issue and a reason why the founders made this particular issue number two in the bill of rights, because it was so incredibly important, and the purpose of the second amendment is to allow the citizenry to guarantee themselves the free state, so that if the

government somehow turns on you, you have the weapons-- >> you mean like in germany, spain, italy, you mean that happens? government's actually become tyrannical historically? >> of course we've seen it germany, italy, japan, yes, we've seen it, but you know, here is the point. rahm emanuel, obama's first chief of staff said never let a crisis go to waste. what we've seen is the gradual chipping away of our freedoms and in this case gun rights. >> sean: exploiting it. happy new year. coming up a busy night on hannity, an exclusive interview with rand paul as he unveils crucial legislation, and the new order which is tasking doctors in in country with gun control? is it going to be medical freedom and medical privacy? is this overstepping the doctor-patient confidentiality? confidentiality? and we'll have the answers look what mommy is having.

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slimful and a glass of water... eating less is a beautiful thing. >> now after listening fot 23-- to the 23 executive actions, my next guest decide today stand up to king obama and rand paul is introducing new legislation after the assault on your second amendment rights. senator, you did say we didn't have an imperial president and you did say he didn't have the right to do this. how can you stop it? >> you know, our founding fathers were very concerned about having a separation of powers, they didn't want to let the president become a king. and so, they wanted to say that congress was the one to legislate and not the president so we have a bill we're going to introduce early next week and in this bill, we will nullify anything the

president does that smacks of legislation. and there are several of the executive orders that appear as if he's writing new law. that cannot happen. we struck down once, the court struck clinton down for trying this and i'm afraid that president obama may have this king complex sort of developing and we're going to make sure that it doesn't happen. >> sean: it's not the first time he's done this and i mentioned this earlier in the program, he didn't seek congressional authority when he used military strikes on libya, recess appointments, the senate wasn't in recess, he couldn't get the dream act passed, so, an executive order to allow illegal immigrants to stay in the country, obamacare, obviously, he used the reconciliation process, they wouldn't defend the defense of marriage act. the weakened welfare, and the c contraceptive mandate. is it all unconstitutional? >> yes, and i think there's a history of this arrogance

because, you know, with regard to environmental extremism, cap and trade, he couldn't get cap and trade through congress and now he's trying to do it through regulatory fiat. so, there's a lot of precedent for this. but it's been a long battle that we've been losing gradually and even republican presidents have usurped their executive privilege to exert more than the constitution gave them. and monthskew wrote there can be liberty, you have separation of powers so the powers check and balance each other and i'm very concerned about this president. fdr had a little bit of this king complex also. we had to limit fdr finally because he served so many terms that i think he would have ruled in perpetuity. i'm very concerned about this president garnering so much power and arrogance, he thinks he can do whatever he wants. >> sean: and many democrats in the senate support you and

obviously you're in the minority. tell us about the legislation. >> you would hope so, but you know, when we tried with lib libya, when the he president went to war in libya without congressional authority, he did it and i had a vote in the senate and only ten senators supported me, they were all republican. so, really, this idea of checks and balances and separation of powers should be a fundamental one that democrats and republicans alike would support, but i'm afraid that there isn't much support on the democrat's said, but we'll see. >> sean: on the legislative side of what the president is proposing, even harry reid said he didn't think the ban on assault weapons would get through. do you agree with that analysis? >> i think so. i think there are a few democrats that will worry about going home to west virginia or other states like that and voting for a ban on guns. so, i think there is a good chance we can stop his legislative action. i'm concerned he will try to do the regulatory fiat, what he can't pass through legislation. >> sean: let me ask you, and

put up on the screen, and this is infuriates me, no matter what issue seems to get up, there's somebody in washington, house or senate that continues to play the race card. hank johnson says the n.r.a. opposes barack obama's new gun laws and executive power and says, first of all, he's black and as a black person, being the president of the united states, well, that's something they still cannot get over. why does this keep coming up in washington? >> well, the interesting thing is, one of the most famous gun cases of the last few years is the mcdonald case in chicago. and it's an african-american gentleman defending himself and wanting to have a gun to defend himself, and the government of chicago trying to prevent that from happening. and the supreme court said, the second amendment does apply to cities, that even cities like chicago cannot on their own overturn the second amendment, but this was in defense of an african-american man who wanted to own a gun to

defend himself and his family. so, i don't think there's anything racist about this. clarence thomas, an african-american, one of our most famous justices, also has written in many of the early cases where whitelaw is trying to take away guns from blacks and if you look at the history of his content in the hellerman and mcdonald case, gun laws and gun control laws have been used in the past to take guns away from african-americans so i see no racism in this. >> and jesse jackson said that guns can be used to shoot down airplanes, that's not right. >> that's a new one. >> sean: senator rand paul we'll watch your legislation closely. and coming up next, the president asked doctors to help deal with guns by asking their patients if they own them. now, this is raises a host of issues like doctor-patient confidentiality and we'll confidentiality and we'll check with our own doctor

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. . >> we will make sure that mental health officials know their options for reporting threats of violence even as we acknowledge that someone with a mental illness is far more likely to be a victim of violent crime than the perpetrator. >> sean: that was president obama today in part of the his anti-gun plan and asking the doctors sounding alarms on patients that they consider a threat to themselves or others. and a question whether or not this blurs the line of doctor-patient confidentiality. is deputizing america's doctors, is that the answer, and in answer to those unveiled today. fox news contributor himself is a medical doctor. you are a medical doctor, board certified psychiatrist, are you not, charles? >> and my rates are quite reasonable should you ever need them, sean? >> i don't know if i'd be the first person here you might want to analyze. there might be a few others. >> yeah, i've got a list of

others. >> sean: i might be f five down the list. >> of prime time hosts here. >> sean: this actually puts you in a unique position to comment on this. i want your thoughts on this because i'm afraid that medical privacy is out the window. thoughts? >> well, let me assuage your fears. i don't think this really is anything to be alarmed about. in fact, i think just about all of these executive orders or executive measures obama took are rather useless and it's to give the appearance of motion. on this one in particular, it doesn't change anything at all. in the overwhelming number of states, if you are a psychiatrist or a psychologist or just an m.d., and your patient tells you of a desire to kill someone or themselves, confidentiality no longer applies, and you have every right, in fact, in some states, in massachusetts where i practiced, you have an affirmative obligation to let

the authorities know. so this doesn't change anything. and then, you know, for instance, if the patient says he wants to kill someone, i would always make sure the person was contacted either directly or indirectly through the authorities and then, i would have to consider actively whether or not i wanted to commit that person, even without their consent, to be examined in a state hospital in massachusetts for two weeks. that was the law at the time. now, that was, you know, a hundred years ago when i was in my 20's. but i'm not sure it has changed in any way. so, this is a standard procedure. there are exceptions to doctor-patient confidentiality and this is clearly the most important one, all of these exist with none really changing. >> sean: i have other fears and don't want to go deeper into it. and you gave a great explanation. what about robert gibbs, he

says the president should be treating this like a political campaign. so what is different than anything else he's been doing. how about the republicans, they don't seem to understand what they are dealing with. what advice would you have for them? >> look, i think on this issue, the president's legislative proposals will collapse at the hand of democrats. the reason that gun control has not been an issue for 20 years, it's because it's the democrats who championed it in long ago days, decided after the shellacking they took in the mid term election in clinton's first term, in the early '90s, that they would not touch the issue again because public opinion was so strongly against them. and i think that hasn't really changed and people say there's been a dramatic shift in public opinion. i'm not sure how dramatic it is and i think it will be rather transient. we have a 200 year history of gun rights, of gun culture,

and on the second amendment, unlike any other country in the west, and i suspect that the legislation he proposed, the assault weapons ban, is not going to pass. i would also point out that the one that passed, again, in the early '90s, it lasted for a decade, had, according to a justice department study, no discernible effect on the rate of gun violence. so, i'm not sure it would make any difference in the first place. >> sean: do you think-- >> in other words, i think there's a lot less going on here than meets the eye. the executive orders are useless and legislative proposals, i suspect, will not pass. >> sean: do you think the president overall, from the fiscal cliff, this issue, we have continuing resolutions, the debt ceiling debate. he's in full campaign mode. do you think the president emboldened by reelection and maybe emboldened by a win on the fiscal cliff, do you think he's overreaching on the political consequences and how should republicans deal with

it? >> look, i think he clearly felt after the election that he was out to crush the one institution that was stopping his agenda, that it stopped it in the second, in the third and the fourth years of his administration, first administration, namely the republican house. he set up the fiscal cliff negotiations deliberately to split the republicans in the house, knowing that if he did, it would neuter the opposition and he would have the kind of dominance of washington, which he had in the first two years before he lost the house in the mid term elections. so, i have no doubt that that's how he used the fiscal cliff. that's how he's going to use the issue of immigration and that's how he's going to approach the debt ceiling and other issues and it's his objective so he becomes the dominant influence in washington and will be able to enact the rest of his what i'll call social democratic agenda in the second term.

>> sean: dr. krauthammer, i hope i'm not in need of your services soon, but if i am, i know who to go to. >> for you, i might give you a pass on insurance. (laughter) >> thank you, mr. krauthammer. good to see you, sir. >> my shingle is always out, thanks. >> sean: former attorney general michael mukasey on the 23 actions that president obama signed today, first, a gun rush is happening right here in america, all across america, long lines to purchase firearms are now becoming the norm. when we come back, michelle malkin, why americans are stocking up before the ♪

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>> it appears the american gun rush is on as law-abiding citizens seek to arm themselves before their second amendment rights continue to erode and as fear of this trend grows, a record number of americans have bombarded their local gun shops leaving only empty shelves like this one in wyoming and a record

attendance of gun buyers at gun shows across the country. for example, like this one in ohio or this one in the state of california where lines of people stretch as far as the eye can see. and tonight's anti-gun announcement from the anointed one will certainly make the already long lines longer. joining hee with reaction, syndicated columnist, "culture of corruption", michelle malkin. thank you for being here. >> thank you. >> sean: let me show you how dumb our political class, as we discussed it earlier. in new york, i'm going to put up on the screen a picture. two guns, they are the exact same guns, they are the exact same length, the exact same bullets, one is banned and one is not. why is the one banned? because it has a cosmetic hand grip. that's it. >> yeah. >> sean: now, how dumb is that? >> it's gobsmackingly dumb. more importantly, it's very alarming from not only the constitution and second amendment perspective, but

just practically speaking. it just shows how hysterical the public policy debate has become in this country and of course, in new york, there's a lot of confusion and a lot of panic now about the interpretation of this raft of regulations that were dumped on you, sean, i really feel for you and i know you joked about getting out of there, but i really think. >> sean: that day is coming-- but listen in new york, 16 cents of every dollar in taxes, 60, and by the way, god forbid if somebody breaks in your home, better be a good shot you've got a seven bullet limit or you've broken the law and better not have more than seven bullets in a magazine. if you have a ten clip magazine you can keep it, but better be a good shot. >> and that's why many law-abiding people who fear for their safety and for their families are rushing to the gun shops and shows. in the bubbles of manhattan

and among the liberal elites and the gun grabbers in d.c. and chicago and l.a., the paradises, they're supposed to protect their citizens where there's been more bloodshed than ever of course. outside of those bubbles, in mainstream america, people are unapologetic about exercising their second amendment rights and we've been tracking this phenomenon of gun shops with their shelves emptied and gun shows with lines out the door since before december. and it's a rational response to the very expected and unfortunately inevitable overreach of the federal government, and we hear the word tyranny invoked many times now by people on the right and you see these leftists and media elites of course who are protected by their own armed guards, rolling their eyes when it's, like i said, i think it's a very legitimate response and one of the things i think you see among many of the these

dishonest journalists is the attempt to demonize and somehow marginalize the people at these gun shops and shows, there are single women who live alone who need to protect themselves. elderly widows who can't trust and rely on the government, local, state or federal to protect them all the time. families, military families and these are the faces and stories that you never see and defensive uses of handguns successful every day in this country. >> sean: michelle, i've been saying this, our politicians are protected and by the way i'm pretty sure the people protecting them have more than seven bullets. same with our hollywood stars and same with the money in our bank accounts and of course we have the play on emotions today. i know you spoke out about the use of children today. what are your thoughts on that? >> i do have a column because this kiddy human shield strategy is something that i've been tracking since the clinton administration, and the overuse and abuse of pr

prop-ganda to try to appeal to people and i talk about nancy pelosi where she was double fisting babies and wearing they will like wonder woman bracelets. binge, binge, binge, questions costs and constitution? the babies, the babies. and it's a feckless use of beltway theatrical staging, to invoke for the children immunity by hiding behind them. >> sean: by the way, michelle, got to tell our kids, whatever you do don't go bang, bang, if you do they're in trouble, suspended out of school. michelle malkin, as always, thanks for being with us. >> you, too. >> sean: and look how egregious the president's power grab was, 23 executive actions he is going to take without the consent of congress and former attorney general michael mukasey tells us if obama is within his legal rights. the constitutional showdown next.

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>> i'm putting forward a specific set of proposals based on the work of joe's task force and in the days ahead i intend to use whatever weight this office holds to make them a reality.

>> sean: that was president obama earlier today explaining how he plans to use executive orders to push through his anti-gun agenda, but does he actually have the constitutional authority to issue such measures and was this ever the intent of executive orders? joining me now to help answer the legal questions former attorney general michael mukasey. appreciate you being here. the president's been using executive orders a lot and i would argue that this is a power grab because certain things can't get through congress. let me put up on the screen the some of the recent examples as you can see. first we have you know, no congressional approval for libyan strikes, recess appointments to the national labor relations board and executive orders to stop deportation of illegals, remember because he couldn't get the dream act passed. jammed through obamacare and scott brown was supposed to be the 41st vote against that, and the department of justice didn't uphold the defense of marriage act. weakening welfare work requirements, pushing through

the contraception mandate. is this what it was intended for? >> executive orders? >> yes. >> no, executive orders are directions to the executive branch of government, agencies to do things that they are legally authorized to do and not to do things that they might have discretion to do, but that he feels as a matter of policy they shouldn't do. the -- taking a whole class of cases, for example, in the immigration situation, and telling the justice department essentially not to enforce the immigration laws is not what executive orders really are for. but that's really separate and different from what is going on today. >> sean: i totally and completely agree, but we have co-equal branches of government, right? so explain to all of us, if congress has a role, the president doesn't get the dream act passed, scott brown's elected to stop obamacare, and then they just use the reconciliation process, it seems to me by

definition, an abuse of power, a power grab, if you will? no? >> it is a politically it is a power grab. >> sean: politically. is it then unconstitutional in some instances? >> i don't think it's unconstitutional in the sense, but i don't think it's something that you could get a court to find unconstitutional. we can have a debate whether it's consistent with the constitution or not, but there's a limited number of things that will get you into court to have that decided and i don't think any of the things he enumerated. >> sean: in that case, he's taking on, tell me where i'm wrong, more executive authority than any past president has? is he creating then an imperial presidency? it seems to me he is. >> he's supposed to be-- under our system people who do that are supposed to be made to pay a political price just the way that congress would be made to pay a political price if ne passed a statute that infringed on the power of the executive. >> sean: so do you think that obamacare was unconstitutional? >> did i?

>> did you agree with the majority opinion? >> the supreme court said it was unconstitutional. >> sean: i'm asking you whether you agree with that. >> i did. >> sean: so you agree with john roberts? >> yes. >> sean: you did? . that's surprising. because i-- in that case, so through the use of the commerce clause, we can now mandate that people buy-- >> no, he didn't say you could use the commerce clause. he said you could not use the commerce clause, what he said was that it was a tax. >> sean: i would argue, the administration sold it as not being a tax. >> and that's-- >> that's problematic to me. >> it's highly problematic and there's a legitimate debate about it, but the court said quite clearly the notion that could be done by the commerce clause was something-- >>, but roberts said that it was the, what you were saying, the american people, that's what elections are for, basically is what he said. >> right. >> sean: but the america